Dr Stephen Kwabena Opuni
The Court of Appeal, Accra, has fixed July 3 to deliver judgement in the case, in which the Attorney General and Minister of Justice, Godfred Yeboah Dame is challenging the decision of the Accra High Court to start afresh the trial of Dr Stephen Kwabena Opuni and one other.
Dr Opuni, a former Chief Executive of Ghana COCOBOD and Seidu Agongo, the Managing Director of Agricult Ghana Limited, a fertilizer manufacturing company, are standing trial for alleged procurement breaches and causing financial loss to the state in a fertilizer deal.
After six years of trial, a High Court judge, Justice Kwasi Anokye who inherited the case from retired Supreme Court judge, Justice Clemence Jackson Honyenugah, decided to conduct fresh proceedings into the alleged criminal case.
But Mr Dame filed an appeal against the decision of the high court at the Court of Appeal, on April 30.
On June 7, when the appeal was called the counsel for the respondents raised an objection that some 25 documents were missing from the records of appeal.
The Attorney-General in his response argued that the absence of those documents were immaterial, irrelevant and do not prejudice the hearing of the appeal.
Mr Dame told the three-member panel of judges presided over by Justice Philip Bright Mensah that what was before it, was an interlocutory appeal which was just about the decision of the High Court judge, and which was not affected by the absence of the 25 pages from the record. He added that all relevant materials required for the hearing of the interlocutory appeal had been included in the record of appeal before the Court of Appeal.
The case was then adjourned to June 14.
The Court of Appeal today dismissed the objection raised by counsel for the respondents and ordered the Attorney-General and Minister of Justice to file his written submission by Friday, June 16.
The court again ordered the respondents to file their written submissions a week after they are served.
In March 2018, the Attorney-General charged Dr Opuni and Agongo, for causing financial loss of GH¢271.3 million to the state.
The two have been charged with 27 counts, including allegedly engaging in illegalities leading to the distribution of substandard fertiliser to cocoa farmers.
Agongo is alleged to have used fraudulent means to sell substandard fertiliser to COCOBOD for onward distribution to cocoa farmers.
Dr Opuni is also accused of facilitating the act by allowing Agongo’s products not to be tested and certified, as required by law.
According to the facts of the case, Dr Opuni on October 10, 2014, while he was the CEO of COCOBOD, agreed to permit his office to be influenced by an amount of GH¢25,000.
Mr Agongo, has also been accused of attempting to influence the conduct of Dr Opuni in the performance of his duties as the CEO of COCOBOD, by offering him GH¢25,000 on October 10, 2014.
The accused persons have pleaded not guilty to the charges in court.
